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Saturday, January 3, 2009

No Health Effects, but Punitives Possible Against 3M on Trespass and Negligence

The Star Tribune has details on the trial court ruling relating to PFCs in the groundwater in Washington County, Minnesota.  Essentially, the plaintiffs can't go forward with claims that the PFCs harmed their health, but can proceed on a trespass claim and a (slightly vague from the story) negligence claim, and have the potential to obtain punitive damages on those claims.

--BC

January 3, 2009 in Current Affairs, Damages | Permalink | Comments (0) | TrackBack (0)

Thursday, January 1, 2009

Two By Leflar

Just in time for the AALS panel on Foreign Tort Law Beyond Europe, Robert Leflar (Arkansas) has posted on SSRN two pieces about regulating the Japanese medical profession.  First up is The Regulation of Medical Malpractice in Japan.  Here is the abstract:

How Japanese legal and social institutions handle medical errors is little known outside Japan. For almost all of the 20th century, a paternalistic paradigm prevailed. Characteristics of the legal environment affecting Japanese medicine included few attorneys handling medical cases, low litigation rates, long delays, predictable damage awards, and low-cost malpractice insurance. However, transparency principles have gained traction and public concern over medical errors has intensified. Recent legal developments include courts' adoption of a less deferential standard of informed consent; increases in the numbers of malpractice claims and of practicing attorneys; more efficient claims handling by specialist judges and speedier trials; and highly publicized criminal prosecutions of medical personnel. The health ministry is undertaking a noteworthy ''model project'' to enlist impartial specialists in investigation and analysis of possible iatrogenic hospital deaths to regain public trust in medicine's capacity to assess its mistakes honestly and to improve patient safety and has proposed a nationwide peer review system based on the project's methods.

Next, we have 'Unnatural deaths,' Criminal Sanctions, and Medical Quality Improvement in Japan.  Here is a portion of the abstract:

This Article explains the significance in Japan, hitherto little noticed elsewhere, of criminal law in regulating medical practice. The Article offers reasons of law and social structure for criminal law's role in Japanese medicine, reasons stemming in large part from the weakness of other institutions for oversight of medical quality: Japanese medicine's accountability vacuum. The requirement that physicians notify police of "unnatural deaths" is then explored - a requirement made controversial because of its interpretation by the Supreme Court of Japan to apply not only to deaths from violent crime, natural disaster and suicide, but also to deaths potentially caused by substandard medical care. This police notification requirement, taken together with Criminal Code sanctions of "professional negligence causing death or injury," has sometimes turned Japanese hospitals into crime sites, and doctors and nurses into suspects in death inquiries. The specter of criminal liability has provoked a counter-reaction from the medical world analogous to the movement for medical "tort reform" in the United States.

--CJR

January 1, 2009 in Scholarship | Permalink | Comments (0) | TrackBack (1)

Born, Viscusi, and Baker on Med Mal Tort Reform Effects

Patricia Born (Cal State, Northridge), Kip Viscusi (Vanderbilt), and Tom Baker (Penn) have posted The Effects of Tort Reform on Medical Malpractice Insurers' Ultimate Losses on SSRN.  Here is the abstract:

Whereas the literature evaluating the effect of tort reforms has focused on insurers' reported incurred losses, this paper examines the long run effects of reforms using the developed losses from a comprehensive sample of insurers writing medical malpractice insurance from 1984-2003. The long run effects of reforms are greater than insurers' expected effects, as five year developed losses and ten year developed losses are below the initially reported incurred losses for those years following reform measures. The quantile regressions show that reforms have the greatest effects for the firms that are at the high end of the loss distribution. The beneficial effects of reforms on developed losses are more pronounced than those obtained from initially-reported losses, suggesting that insurers underestimated the true effects of the reforms.

--CJR

January 1, 2009 in Scholarship | Permalink | Comments (0) | TrackBack (1)

Wednesday, December 31, 2008

Happy New Year!

Happy New Year to all our readers!

- SBS

December 31, 2008 | Permalink | Comments (0) | TrackBack (0)

200,000

At about 9:00 this morning, we received our 200,000th visitor to the TortsProf blog.  (We're closing in on the 300,000th page view.)

(In case you're curious, the 200,000th visit was from someone at the Chicago office of Jones Day.  Thanks for coming, and sorry you're having to work today.)

We're a couple of weeks from the third anniversary of the blog's existence.  Sheila joined the blog about eighteen months ago; Chris joined about a year ago.

We had some plan to note the 200,000th visitor (beyond this) but I've been buried in alternating grading and illness so we haven't followed through.  But perhaps we will in the new year.

In any event, thanks to everyone for continuing to visit and to the LawProfessorBlogs.com network for its support.

--BC

December 31, 2008 | Permalink | Comments (0) | TrackBack (0)

Arkansas Sizzler Suit Settled

Earlier this year, I noted the lawsuit, related to the death of a seven-year-old boy on a Sizzler carnival ride on Easter 2007.  It's now settled for an undisclosed amount.

I've posted about the Sizzler and somewhat similar incidents here, here, here, and here.

--BC

December 31, 2008 in Products Liability | Permalink | Comments (0) | TrackBack (0)

Tuesday, December 30, 2008

Negligent Cheerleading

According to the WSJ Law Blog, the Wisconsin Court of Appeals has cleared the way for a ninth grade cheerleader to bring a negligence claim against her fellow student cheerleader for allegedly failing to properly spot her during a stunt. The court found that cheerleading was not a contact sport, and therefore, not covered by a Wisconsin statute requiring recklessness or intent to impose liability.  More on the decision from Matthew Mitten at the Marquette U Law Faculty BlogHoward Wasserman at Prawfs also adds his thoughts, and questions the court's approach (i.e., the focus on contact between "opponents"), but not the result.  Howard notes that the case is now before the Wisconsin Supreme Court.

- SBS

December 30, 2008 in Current Affairs | Permalink | Comments (0) | TrackBack (0)

Tort Reform on GOP Agenda in Tennessee

The Tennessean reports that GOP lawmakers have tort reform on their agenda for next year.   Possible legislation may include caps on damages against nursing homes, although a similar measure died in committee last year. 

- SBS

December 30, 2008 in Legislation, Reforms, & Political News | Permalink | Comments (0) | TrackBack (0)